The ‘Save and New Copy” feature will copy option (answer) information from one line item to the next when the Save and New Copy icon is selected. This will speed up the quoting process by answering product and option questions automatically.
To use Save and New Copy Feature:
1. In the Item window, complete a line item by answering all question/answer combinations. 2. Select Save and New Copy icon in the tool bar.
3. Select a new unit size from the size grid.
4. Answer any remaining questions that may appear due to the size selected.
Note: The iQ software will automatically copy over all attributes that it can, including handing, interior color, exterior color and grille options. If you wish to change any of these options for the new line item, click on the question in the Item Detail section and select the new answer.
10. Software Sublicense Agreement
Andersen Windows, Inc.Andersen® Intelligent Quote (iQ) Software Version 15.1
Software Sublicense Agreement
IMPORTANT—READ CAREFULLY: Thank you for selecting the Andersen® Intelligent Quote (iQ) software (the “Software”) from Andersen Windows, Inc. (ANDERSEN) for quoting and ordering Andersen® products. ANDERSEN developed the Software and makes it available for use by distributors, dealers, builders, and contractors in exchange for the user’s agreement to the terms and conditions of this Sublicense.
If you have received a CD-ROM installation media:
YOU, THE USER (SUBLICENSEE), MUST READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING/ LOADING OR USING THE ANDERSEN® INTELLIGENT QUOTE (iQ) SOFTWARE PROGRAM. BY INSTALLING/LOADING AND/OR USING THE SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PROMPTLY RETURN THE SOFTWARE AND MATERIALS TO ANDERSEN WINDOWS, INC. AT THE FOLLOWING ADDRESS:
Attn: IQ Administrator Andersen Windows, Inc. 100 Fourth Avenue North Bayport, MN 55003
The Software was created as an electronic tool to simplify the process of quoting and ordering Andersen® products and product combinations. The Software provides you with the freedom to select, quote and order many different window and door combinations. The wide range of product options provided by the Software far exceeds any printed catalog previously available for ordering Andersen® products. The amounts in the Software are not prices, but simply a base to reference. The user may change the amounts in the Software. ANDERSEN does not suggest resale prices to any user of the Software. Each user of the Software is free to use whatever resale prices for Andersen® products that such user independently chooses. You must combine the capabilities of the software with a good understanding of the product and its interface with surrounding wall and structural conditions. Due to the vast number of window and door combinations possible, each design for product combinations must be evaluated to assure its performance and structural integrity. Refer to published Andersen® product literature for answers to many of your questions. Your Andersen® product representative is also available to answer questions you may have regarding your specific window combination designs. You may also need to consult a structural engineer or architect. Local building codes should always be consulted for specific product application requirements.
ANDERSEN DOES NOT ENDORSE ANY WINDOW AND/OR DOOR COMBINATIONS THAT EXCEED ANDERSEN’S RECOMMENDATIONS AS IDENTIFIED IN THE ANDERSEN® INTELLIGENT QUOTE (iQ) SOFTWARE PROGRAM OR AS PRINTED IN ANDERSEN’S PRODUCT LITERATURE. PLEASE BE AWARE THAT THE ANDERSEN® INTELLIGENT QUOTE (iQ) SOFTWARE PROGRAM MAY GENERATE A QUOTE OR ALLOW THE PLACEMENT OF AN ORDER THAT IS OUTSIDE OF ANDERSEN’S RECOMMENDATIONS. DESIGN AND/OR INSTALLATION OF PRODUCT COMBINATIONS BEYOND ANDERSEN’S PRINTED RECOMMENDATIONS MAY NOT PERFORM PROPERLY OR SAFELY AND
ANDERSEN DENIES ANY AND ALL RESPONSBILITY FOR THESE PRODUCT COMBINATIONS. DESIGN AND/OR INSTALLATION OF PRODUCT COMBINATIONS BEYOND ANDERSEN’S RECOMMENDATIONS ARE THE SOLE RESPONSIBILITY OF THE ARCHITECT, BUILDER, STRUCTURAL ENGINEER AND/OR CONTRACTOR. THIS
SOFTWARE SUBLICENSE AGREEMENT EXPRESSLY DENIES ANDERSEN’S LIABILITY FOR ANY DAMAGES ARISING OUT OF ANY USE OF THE SOFTWARE. SEE “LIMITATION OF LIABILITY” BELOW.
SUBLICENSE
ANDERSEN grants SUBLICENSEE a non-exclusive, non-transferable license to use the Software, consisting of the Andersen® Intelligent Quote (iQ) software executable and supporting files, in machine readable form, and accompanying documentation according to the terms of this Sublicense. This Sublicense covers all copies of the Software (including copies merged into other software), translations, updates, or modifications of all or any parts thereof, in any medium, that are delivered to or made by the SUBLICENSEE in accordance with the terms of this Sublicense.
• install the Software on a single or multiple central processing unit (CPU) owned by or under the control of
SUBLICENSEE; each license of the Software enables the user to install/load the Software on a single or multiple CPUs; and
• install the Software in a networked environment in which a centralized database may be used to store and manage the quote information. The Software will be installed on a single or multiple CPU.
SUBLICENSEE may not:
• reverse engineer, decompile or disassemble all or any part of the Software and/or the ANDERSEN proprietary database of Andersen® products contained therein, or copy, disassemble or disclose the ANDERSEN proprietary database/product models of Andersen® products contained therein;
• transfer, rent, assign, sublicense, pledge any part of the Software without ANDERSEN’S prior written consent; • remove or alter any ANDERSEN proprietary notices, labels, or marks on any part of the Software; or • copy the Software or any portion thereof except as expressly allowed herein.
CONFIDENTIALITY
SUBLICENSEE acknowledges that the Software contains confidential information proprietary to ANDERSEN, including (without limitation) a proprietary database/product models of Andersen® products. SUBLICENSEE agrees to maintain the confidentiality of such database and to the extent that other information is not publicly available or has become independently known to
SUBLICENSEE, SUBLICENSEE agrees to maintain the confidentiality of such proprietary information. The obligations in this paragraph survive the termination of the Sublicense.
The inclusion of a copyright notice on or in any part of the Software will not cause or be construed to cause it to be a published work.
OWNERSHIP AND SUBLICENSE RIGHTS
SUBLICENSEE recognizes ANDERSEN’s and its licensors’ intellectual property rights including patent, trademark, copyrights and trade secret rights in the Software and acknowledges that ANDERSEN and/or its licensors retain all title and ownership rights to the Software, the data derived from the Software and any media bearing the Software and containing data.
Unauthorized copying or disclosure of the Software or the accompanying documentation, or failure to comply with the above restrictions will result in automatic termination of this Sublicense and will make available to ANDERSEN all other legal and equitable remedies. This Sublicense may be terminated at ANDERSEN’s option with or without cause at any time upon notice to
SUBLICENSEE given personally or by publication, or by any other method reasonably designed to notify SUBLICENSEE.
Upon termination of this Sublicense, SUBLICENSEE’s rights under this Agreement will immediately cease and SUBLICENSEE will delete all copies of the Software or any portion thereof from SUBLICENSEE’S computers and from any other software into which it may have been merged and will, at ANDERSEN’s option, either immediately deliver to ANDERSEN or destroy all copies of the Software. Upon ANDERSEN’s written consent, SUBLICENSEE may retain one copy of the Software, for archival purposes.
PAYMENT
ANDERSEN will provide the Software at no charge to SUBLICENSEE and will provide telephone support and training to
SUBLICENSEE during ANDERSEN’s regular business hours which are Monday through Friday 7:00 AM to 7:00 PM Central Time. ANDERSEN reserves the right to change its regular business hours, and if it does so, it will notify SUBLICENSEE of its new regular business hours. You can reach the Andersen® call center at (888)772-7796.
SUBLICENSEE DATA
ANDERSEN may configure the Software to collect and transmit (1) quote and order related information created, collected or disclosed through SUBLICENSEE’S use of the Software, including but not limited to pricing information, product information, and project design (collectively, “Sublicensee Information”) and (2) general, non-identifying information collected and disclosed on an aggregate basis (“Aggregate Information”). ANDERSEN may use Sublicensee Information to generate Aggregate Information by removing all identifying information before disclosing such information to third parties.
ANDERSEN may configure the Software to periodically transfer all information collected to ANDERSEN via SUBLICENSEE’S Internet connection, if and when available. SUBLICENSEE shall not block, prohibit, or otherwise interfere with such transmission or collection efforts. ANDERSEN makes no warranties or guarantees in relation to any information or its transmission. Such
transmission is not intended to act as a backup-process and ANDERSEN is under no obligation to retain any Sublicensee Information or Aggregate Information for any period of time whatsoever.
ANDERSEN may use the Sublicensee Information for its internal business purposes, including but not limited to (i) contacting SUBLICENSEE about its use of the Software and ANDERSEN’S services, (ii) contacting SUBLICENSEE regarding quotes, pending orders or projects created through use of the Software, (iii) analyzing SUBLICENSEE’S use of the Software and any quotes, orders or projects created through use of the Software and (iv) contacting SUBLICENSEE about ANDERSEN’S programs, products, features, or services. ANDERSEN will not share Sublicensee Information with third parties except to the extent that ANDERSEN engages such third parties to provide services related to the Software; provided, however, ANDERSEN may transfer Sublicensee Information to any third party that acquires the Software or that portion of ANDERSEN’s business that relates to the Software. ANDERSEN will use reasonable efforts to ensure that its employees, agents, and contractors who have access to Sublicensee Information protect Sublicensee Information in a manner that is consistent with this Agreement.
ANDERSEN reserves the right to provide third parties access to Sublicensee Information when legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of the Software, and to limit ANDERSEN’S legal liability and protect ANDERSEN’S rights.
ANDERSEN may use and disclose Aggregate Information for any purpose whatsoever; SUBLICENSEE shall have no claim to, or any right in, any Aggregate Information.
LIMITEDWARRANTY
As the sole and exclusive warranty hereunder, ANDERSEN warrants to SUBLICENSEE only that any CD-ROM(s) (“Media”) delivered to SUBLICENSEE on which the Software is recorded are free from defects and agrees to replace defective Media, provided such defect is found within ninety (90) days of delivery of such Media to SUBLICENSEE. This limited warranty will not apply if: (1) the Software was not used in accordance with the then current, published specifications; (2) the Software was altered, modified or converted by SUBLICENSEE, without ANDERSEN’s prior written consent; (3) the computer on which the Software was loaded malfunctioned and the malfunction caused the defect; or (4) any other cause within the control of SUBLICENSEE caused the defect.
THE SOFTWARE SUBLICENSED HEREUNDER IS SUBLICENSED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY EXCEPT AS PROVIDED IN THE PRECEEDING PARAGRAPH. THE SOFTWARE IS INTENDED TO ASSIST THE SUBLICENSEE WITH QUOTING AND ORDERING ANDERSEN® PRODUCTS, BUT IS NOT A SUBSTITUTE FOR INDEPENDENT ARCHITECTURAL DESIGN AND JUDGMENT AND THE SUBLICENSEE’S OBLIGATION TO ENSURE THAT ITS DESIGN COMPLIES WITH ALL FEDERAL, STATE, AND LOCAL ORDINANCES AND BUILDING CODES. THOSE USING THE SOFTWARE ARE SOLELY REPSONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY CONFIGUATION, COMBINATION OR DESIGN ACHIEVED AS A RESULT OF THE SOFTWARE.
THE MEDIA WARRANTY PROVIDED HEREIN IS IN LIEU OF, AND ANDERSEN HERE BY EXPRESSLEY DENIES, ALL OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE IS DELIVERED FREE OF ANY CLAIMS OF INFRINGEMENT OR OTHER RIGHTS OF THIRD PARTIES.
LIMITATION OF LIABILITY
IN NO EVENT WILL ANDERSEN OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THIS SUBLICENSE OR THE USE OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING DOCUMENTATION, OR THE ACCURACY OR PERFORMANCE OF THE SOFTWARE SUBLICENSED HEREUNDER, HOWEVER, CAUSED, AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF ANDERSEN OR AN AUTHORIZED DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
GENERAL
This Sublicense will be governed by and interpreted under the laws of the State of Minnesota, United States of America, without regard to conflict of laws, as to all matters, including without limitation, matters of performance, effect and remedies.
Andersen and the AW logo are registered trademarks of Andersen Corporation. ©2015 Andersen Corporation. All rights reserved. Rev. 1/15.